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Sunday, April 14

Mutual right and liabilities of the partners


As per section 13 of Indian Partnership Act,1932, unless contract between the partners specifically stipulates:

 

Partner not entitled to receive remuneration

A partner is not entitled to receive remuneration for taking part in the conduct of the business.
Sharing of profit and contribution to loss
The partners are entitled to share equally in the profits earned, and shall contribute equally to the losses sustained by the firm.
Interest on investment only out of profits
Where a partner is entitled to interest on the capital subscribed by him, such interest shall be payable only out of profits.
Interest on investment beyond liability
A partner making any payment or advance beyond the amount of capital he has agreed to subscribe, for the purposes of the business, is entitled to interest thereon at the rate of six per cent. per annum.
Indemnity for payments made and liability incurred
The firm to indemnify a partner in respect of payments made and liabilities incurred by him:
(i) in the ordinary and proper conduct of the business; and
(ii) in doing such act, in an emergency, for the purpose of protecting the firm from loss, as would be done by a person of ordinary prudence, in his own case, under similar circumstances.
Partner to indemnify for loss to firm by his willful neglect
A partner to indemnify the firm for any loss caused to it by his willful neglect in the conduct of the business of the firm.


See section 13 of Indian Partnership Act, 1932 on lawzonline.com